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  • 予人玫瑰,手有余香:加拿大新天地工作移民诚聘求职顾问&行业导师!
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  • 予人玫瑰,手有余香:加拿大新天地工作移民诚聘求职顾问&行业导师!

@BC

刚好我去年办过,律师给我的解释

1. Change of Status. Under this scenario, we would file an H-1B/H-4 petition with the USCIS here in the U.S., asking that your and your family's immigration classifications be changed from TN/TD to H-1B/H-4. Once approved, as of October 1, 2007, your classifications would automatically be changed to H. Please note that if we file this way, you and your family will be prohibited from traveling outside the U.S., even to Canada and Mexico, during the entire pendency of the petition.

OR

2. Notify the Office. Under this scenario, an H-1B petition only (no H-4), would be filed with the USCIS requesting that you be approved for H-1B status. After the petition was approved and sometime in the 10 days prior to October 1, 2007, you and your family would have to go to Canada, and be admitted into the U.S. in H-1B/H4 status. There are no travel restrictions with this option - but it does require that you and your family go to Canada to be re-admitted in the new classification.
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 公司律师给我办H1b-GC,问我一些问题,其中一个是:4月1日到10月期间是否要离开美国?我现拿加拿大护照(TN),在这期间到加拿大算不算离开美国?对办绿卡有什么影响?谢谢。
    • 刚好我去年办过,律师给我的解释
      1. Change of Status. Under this scenario, we would file an H-1B/H-4 petition with the USCIS here in the U.S., asking that your and your family's immigration classifications be changed from TN/TD to H-1B/H-4. Once approved, as of October 1, 2007, your classifications would automatically be changed to H. Please note that if we file this way, you and your family will be prohibited from traveling outside the U.S., even to Canada and Mexico, during the entire pendency of the petition.

      OR

      2. Notify the Office. Under this scenario, an H-1B petition only (no H-4), would be filed with the USCIS requesting that you be approved for H-1B status. After the petition was approved and sometime in the 10 days prior to October 1, 2007, you and your family would have to go to Canada, and be admitted into the U.S. in H-1B/H4 status. There are no travel restrictions with this option - but it does require that you and your family go to Canada to be re-admitted in the new classification.
      • 太感谢了,如果是2,不知是否有任何风险?我想既然两种情况都可以,大家不就都选2了么?干嘛还选1,给自己增加限制?可能我的理解不对吧?
        • 离边境太远/中国护照需要预约使馆/嫌麻烦。。。
          • Need help. Urgent ! I have a gap before Oct 1 for H1b pertition. I need to reenter USA and activate H1B after h1B is approved. The issue is DO I need to go to USA consulate to get H1B visa?
            My lawyer said I would go to USA consulate in Toronto and get my H1B visa. I am Canadian. Greatly appreciate any input.
            • Anyone has a similiar experiences? Many Thanks for your info!!!
      • what is "you and your family will be prohibited from traveling outside the U.S., even to Canada and Mexico, during the entire pendency of the petition. " Could you elaborate it please? Thanks
    • I will also apply a new H1B on APril 1. I hold a TN visa that will be expired on July 2008. So I have a gap between July and Oct. Can I renew a new TN visa on July and fill the gap? Many thanksfor your help!!!!
      • Of course, you can. My lawer did the same way in my case.
        • Thank you very much for your response. Could you please tell me how you renew your TN visa? By mail, or to the border?
          • By mail. My lawer asked me if I would like to travel to the Boarder. I said ,"No. I won't have time".
    • 我也在办,可律师提供的H1B questionnaire上没有问到此问题. 我的TN到2009年二月. 不知有什么问题.